CASA EX80/15 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Archerfield Aerodrome

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00688 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Archerfield Aerodrome

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not hold a valid pilot licence as required under paragraph 7.3 of CAO 95.55.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

The exemption is to allow Royal Queensland Aero Club Limited (the operator), to conduct solo flight training for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid pilot licence.

 

The exemption is subject to conditions. The conditions include a requirement that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate, and that the RAA syllabus for instructing students may be used. In addition, the operator must ensure that the pilot in command has been assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement and the flight radio endorsement, and the flight instructor must hold the specified minimum qualifications.

 

The instrument also revokes instrument CASA EX63/15, which incorrectly identified the operator to which the instrument applies as Airline Academy of Australia Pty Ltd, trading as Royal Queensland Aero Club, when it should have identified the operator as Royal Queensland Aero Club Limited.

 

Legislative Instruments Act 2003 (the LIA)

Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.

 

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, namely, students and pilots under the control of the operator, and to a class of aircraft, namely, ultralight aeroplanes registered with the RAA, and is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

CASA consulted with the operator and the RAA. The consultation also involved Airservices Australia which stated that it did not have any issues with the proposed operations.

 

Following initial consultation and agreements, previous exemptions have been granted to allow operations of this kind in the same class of airspace using ultralight aeroplanes registered with the RAA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration. It expires at the end of April 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX80/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Archerfield Aerodrome

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits solo flying in controlled airspace by student pilots and other pilots using ultralight aeroplanes registered with Recreational Aviation Australia. The pilots have to be under the control of the named operator.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, as amended, provide the legal framework for ensuring the safety of air navigation and aircraft operations in Australia. Enacted under the authority of the Civil Aviation Act 1988, the Regulations empower the Civil Aviation Safety Authority (CASA) to issue instruments, including exemptions, to address specific safety concerns and operational requirements. The Regulations were introduced to fill the gap in ensuring that air navigation and aircraft operations are conducted safely and efficiently, thereby protecting the public and maintaining the integrity of the aviation system. The Civil Aviation Safety Regulations 1998 were enacted by the Governor-General in accordance with the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. The policy objective of these Regulations is to provide a comprehensive regulatory environment that promotes safety in civil aviation while facilitating necessary operations and training within controlled airspace.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically Exemption CASA EX80/15, allows the Royal Queensland Aero Club Limited to conduct solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Archerfield Aerodrome. This exemption applies to a class of persons, namely student pilots under the control of the operator, and to a class of aircraft, which are ultralight aeroplanes registered with RAA. The exemption is subject to conditions such as students holding a class 1 or class 2 medical certificate, and the RAA syllabus being used for instructing students. The pilot in command must be competent in specified endorsements, and the flight instructor must meet specified qualifications. The exemption also revokes CASA EX63/15 due to an error in the named operator. As a legislative instrument, the exemption is subject to tabling and disallowance in Parliament. Consultation was undertaken with the operator, RAA, and Airservices Australia, which expressed no objections to the proposed operations. The instrument is compatible with human rights, as it does not engage any applicable rights or freedoms. It is made under the delegation power of CASA and comes into effect upon registration, expiring at the end of April 2017.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that the Civil Aviation Safety Authority (CASA) can grant exemptions from certain regulatory requirements under specific conditions to ensure the safety of air navigation. Subregulation 11.160(1) allows CASA to exempt a person, or a class of persons, from a provision of the Civil Aviation Regulations 1988 or Civil Aviation Orders if it is in the interests of safety. The exemption in question, detailed in the explanatory statement, allows Royal Queensland Aero Club Limited to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Archerfield Aerodrome. This exemption is subject to certain conditions, including the use of the RAA syllabus for instructing students and the requirement that each student holds a specific medical certificate. Additionally, the pilot in command must be assessed as competent in various endorsements, and the flight instructor must meet specified qualifications. The Act imposes several obligations on the parties involved, primarily ensuring that all training activities comply with safety standards. The operator must ensure that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate. The RAA syllabus must be used for instructing students, and the pilot in command must have been assessed as competent to the standards specified in the Part 61 Manual of Standards for various endorsements. The flight instructor must also hold the specified minimum qualifications. These requirements are designed to maintain the safety of the operations conducted under the exemption. Failure to comply with the conditions set forth in the exemption may result in civil or criminal penalties. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance with aviation safety regulations. Violations of these regulations can lead to penalties, including fines and potential revocation of the exemption. The specific penalties depend on the nature and severity of the breach, but they are intended to ensure that all activities conducted under the exemption adhere strictly to safety standards. Additionally, the revocation of CASA EX63/15, which contained an error in identifying the operator, highlights the importance of precise regulatory compliance and the potential consequences of inaccuracies in legislative instruments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.